Delaware Landlord Tenant Rights

Delaware Landlord Tenant Rights

Last Updated: January 6, 2022 by Elizabeth Souza

In Delaware, a rental agreement may be oral or written, but oral agreements cannot extend longer than one year of tenancy. According to Delaware law, (Residential Landlord-Tenant Code) a rental agreement grants the tenant rights, for instance, the right to seek out housing without discrimination and the right to a habitable dwelling.

Delaware landlords also have certain rights, including receiving the payment of rent on time and receiving payment for any negligent or deliberate damages caused to the premises by the tenant.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with a Delaware landlord tenant attorney, Click here

Landlord Responsibilities in Delaware

Landlords in Delaware are required to keep the unit in habitable condition and must also make requested repairs within 15 days. If they do not, then tenants have the right to withhold up to two-thirds rent until essential services are supplied or make the repairs themselves 30 days after notice was given to the landlord and deduct the cost from the following month’s rent as long as it does not exceed $400 or half a month’s rent (whichever is less).

Here is a list of essential amenities that Delaware landlords are or are not responsible for.

Item Landlord Responsibility?
Dwelling structures Yes
Plumbing/sanitation Yes
Water Yes, if specified in rental agreement
HVAC system Yes, if specified in rental agreement
Trash can Yes, if specified in rental agreement
Kitchen appliances Yes, if provided
Washers and dryers Yes, if provided
Mold Not addressed
Bed bugs Yes

Landlords are not permitted to evict tenants for exercising their right to habitable housing (e.g. filing a health or safety complaint).

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Tenant Responsibilities in Delaware

Apart from paying rent in a timely manner, Delaware tenants must:

  • Keep the unit in a safe and habitable condition.
  • Keep fixtures clean and sanitary.
  • Use all fixtures and appliances in a reasonable manner.
  • Make small repairs and maintenance.
  • Not negligently or deliberately destroy the dwelling unit.
  • Not remove or tamper any smoke detector or carbon monoxide detector.
  • Not disturb other tenants or neighbors.

Evictions in Delaware

  1. Nonpayment of Rent – If a Delaware tenant fails to pay rent, then the landlords may issue a 5-Day Notice to Pay. If they do not pay, then the landlord may file for eviction.
  2. Lease Violation – If a lease violation occurs then the landlord may provide a written 7-Day Notice to Cure or Vacate. If the tenant fails to abide by the terms of the notice then the landlords may pursue eviction. Landlords do not need to provide any notice for second violations.
  3. No Lease/End of Lease – At-will tenants are entitled to a 60-Day Notice to Quit before eviction.It is also illegal for landlords to evict tenants as a form of retaliation or for discriminatory reasons.

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Security Deposits in Delaware

  • Standard Limit/Maximum Amount – 1 month’s rent.
  • Time Limit for Returns – 20 days.
  • Penalty if Not Returned on Time – If a Delaware landlord wrongfully withholds rent then they may be liable to pay up to 2 times the original value.
  • Allowable Deductions – Unpaid rent, repairs for damages that exceed normal wear and tear.

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Lease Termination in Delaware

Notice requirements. If a tenant on a periodic lease wishes to terminate that lease then they must give the following amounts of notice.

Rent Payment Frequency Notice Needed
Week-to-Week No statute
Month-to-Month 60 Days
Quarter-to-Quarter No statute
Year-to-Year No statute
Questions? To chat with a Delaware landlord tenant attorney, Click here

Early termination. If a tenant wishes to break a lease early then they may do so for the following reasons:

  1. Early termination clause
  2. Active military duty
  3. Uninhabitable unit
  4. Lease violation
  5. Domestic violence
  6. Senior citizen or health issues

Delaware landlords do not have an obligation to re-rent a unit, so tenants who break a lease may be required to pay the remainder of the lease.

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Rent Increases & Related Fees in Delaware

  • Rent control. Delaware does not currently enforce or prohibit rent control policies. As it stands, landlords are free to charge what they want in rental prices.
  • Rental increases. Landlords must provide 60 days’ notice before raising rental prices, and the tenant has 15 days to accept or refuse. If they refuse, they must move out after the 60 days have passed.
  • Rent-related fees. Late rent fees cannot exceed 5% of the total rental price for the payment period. This fee can only be charged after a state-mandated 5-day grace period.

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Housing Discrimination in Delaware

Protected groups. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, sex, religion, familial status, or disability. These rules do not apply generally to owner-occupied homes or homes operated by religious organizations. Delaware state adds additional protections for tenants on the basis of marital status, age, creed, source of income, sexual orientation, gender identity, and domestic abuse victim status.

Discriminatory acts & penalties. Housing discrimination suits are handled by the Delaware Division of Human Relations. The following acts have been highlighted as potentially discriminatory when directed at a member of a protected class.

  • Refusing to rent or sell on a bona fide offer
  • Steering tenants towards certain neighborhoods
  • Presenting a housing option as “unavailable” or “not right” for you
  • Housing advertisements that say “no kids” or “professionals preferred”
  • Refusing to make reasonable accommodations
  • Providing different terms, conditions, or privileges
  • Harassment meant to coerce tenants into acting against their own interests

Delaware does not outline specific penalties for discriminatory practices. Tenants can file complaints against the landlord at the Division’s website here.

Additional Landlord Tenant Regulations in Delaware

Landlord Right to Entry in Delaware

Landlords must provide at least 48 hours; advanced notice for non-emergency situations. Landlords do not need to get permission to enter in the case of emergencies.

Small Claims Court in Delaware

Delaware small claims court will hear rent-related disputes valued up to $15,000 as well as eviction cases. Contract violations in Delaware carry a 3-year statute of limitations. More info about proceedings can be found here.

Mandatory Disclosures in Delaware

Delaware landlords are required to make 3 mandatory disclosures:

  1. Lead-Based Paint – Landlords that own homes built after 1978 must provide information about concentrations of lead paint.
  2. Authorized Agents – Landlords must provide the names and addresses of all parties involved in owning and managing the property.
  3. Landlord-Tenant Law – Landlords must provide this Summary of Delaware Residential Landlord-Tenant Code at the beginning of a tenant’s lease.

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Changing the Locks in Delaware

Delaware does not set guidelines on who can change the locks. As such, it is generally assumed that tenants cannot change the locks without landlord permission. Landlords are prohibited from unilaterally changing locks as a form of eviction.

Additional Resources for Delaware Renters

In addition, check your local county and municipality for additional landlord-tenant regulations. To learn more, please refer to the below digital resources.

Title 25 of the Delaware Code – Residential Landlord-Tenant Code

This code outline all landlord and tenant obligations under Delaware state law. Referencing these statutes may be necessary if you need to bring legal action against your landlord or tenant for failing to adhere to the state-mandated obligations or the terms of their lease agreement.

Delaware State Housing Authority

As sanctioned by the state government, this organization can provide you with resources necessary to facilitate a legal and harmonious landlord-tenant relationship. This includes an opportunity to participate in programs to increase your knowledge and understanding of the state’s applicable laws.

Delaware Division of Human Relations – Fair Housing Hub

This landing page can act as a jumping off point for anyone wishing to learn more about Delaware’s fair housing regulations. This includes tenants who are seeking to file a formal complaint against their landlord’s discriminatory actions.

Questions? To chat with a Delaware landlord tenant attorney, Click here